Same-sex couples in Duval County will be able to receive marriage licenses starting Tuesday.
But no couples will have their ceremonies performed by the Clerk of Courts office anymore, a decision partially based on employees feeling uncomfortable conducting same-sex weddings.
The decision has angered some equal-rights advocates.
The latest development came Thursday afternoon when U.S. District Judge Robert Hinkle clarified his August order that Florida’s ban on same-sex marriages was unconstitutional.
His ruling was in response to a request as to whether marriage licenses had to be issued to all same-sex applicants or just the plaintiffs in the case in Washington County.
Hinkle wrote the preliminary injunction doesn’t require issuance to those couples seeking one — but the U.S. Constitution does.
The stay Hinkle issued on granting same-sex marriage licenses ends Tuesday since appeals were unsuccessful.
In a statement Thursday evening, Duval County Clerk of Courts Ronnie Fussell said the office is grateful for the opinion and “prepared to move forward with issuing marriage licenses to all applicants” beginning Tuesday.
“The office is making plans for the expected influx of applicants seeking a marriage license and are committed to serve all customers in an orderly fashion,” Fussell’s statement said.
But his office will no longer perform marriage ceremonies, which have been done for years though it is not required by state statute. That decision was announced late Wednesday afternoon through a news release.
Fussell said Friday morning more went into the decision than the personal beliefs of him and his staff.
He said the discussion about ending weddings began months ago, before same-sex marriage licenses became a legal issue. The ceremonies took time away from the four employees performing their required duties.
“Nobody wants to believe that because of the timing,” he said.
Fussell said he has to balance the time it took to marrying couples and the civil rights of those employees who didn’t want to perform the ceremonies. Rather than appear to discriminate against anyone, he said the best way was to not perform weddings at all.
Jimmy Midyette, an attorney and equal rights advocate, said he and many of his friends are “pretty outraged” by that decision.
“It’s like Mr. Fussell is punishing everyone seeking a civil marriage due to his own bigotry and bias,” Midyette said.
He said he wasn’t surprised by the action, comparing it to actions taken 50 years ago in response to desegregation when public pools closed and golf courses sold rather than let all participate.
Midyette said Hinkle did Florida a “huge favor” in clarifying the impact of his decision and he was pleased Fussell will follow the Constitution by issuing licenses to same-sex couples.
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